相續財産으로서의 債務
The Obligations to be Succeed by Successor
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초록
Succession is very important not only for the successor but also for the ancestor. In succession notwithstanding any other factors, successive property, something received by successor. As our family law, each modern family law prescribes the positive property and passive property concerned with succession. In reality this can not be said to be in helping successor according to the result of co-relation of the concerned partners. Our present family law prescribes "The successor should succeed all the rights and the duties of the ancestor(Art. 1005)". This prescription is very inclusive, its' is not so easy. This thesis is written to explain some affairs of the many legal problems. The main subjects of this writing are as followings; 1. the positive and passive obligations to be succeeded, 2. the obligations that the successor may not be succeeded, 3. the duties to be done due to the relatives. To conclude the obligations and duties are a very special part in the family law and to be studied with special interests. Specially in Korea the properties very important for the rich and the poor. For the properties the basement to live in a stabilized life.
Abstract
Succession is very important not only for the successor but also for the ancestor. In succession notwithstanding any other factors, successive property, something received by successor. As our family law, each modern family law prescribes the positive property and passive property concerned with succession. In reality this can not be said to be in helping successor according to the result of co-relation of the concerned partners. Our present family law prescribes "The successor should succeed all the rights and the duties of the ancestor(Art. 1005)". This prescription is very inclusive, its' is not so easy. This thesis is written to explain some affairs of the many legal problems. The main subjects of this writing are as followings; 1. the positive and passive obligations to be succeeded, 2. the obligations that the successor may not be succeeded, 3. the duties to be done due to the relatives. To conclude the obligations and duties are a very special part in the family law and to be studied with special interests. Specially in Korea the properties very important for the rich and the poor. For the properties the basement to live in a stabilized life.
참고문헌 (9)
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- 송덕수, "민법강의(상)" (2004), 박영사
- 윤진수, "상속채무를 뒤늦게 발견한 상속인의 보호", 38(3.4) (1997)
- 이정일, "계속적 보증계약에 있어서 보증채무의 상속", 14집 (2003), 부산판례연구회
- 이화숙, "채무초과 상속재산에 대한 채권자의 권리와 상속인보호", 4(1) (1997)
- 정동호, "사립학교정관의 비교연구 한양대학교 법학연구소", 11 (1994)
- 최수정, "계속적 보증채무의 상속", (14) (2000), 한국가족법학회
- Jan St. Lewinski, "The Origin of Property" (1913), CONSTABLE & COMPANY LTD.
